Circular Letter No. 1, of 1 December 2014

Published on 16/09/2020 00:55 Modified on 07/12/2020 10:52

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Publishes the procedures to be adopted by natural and legal persons subject to the regulation of the Council for the Control of Financial Activities – COAF, for the registration referred to in paragraph IV of art. 10 of Law No. 9,613, of 3 March 1998.

The EXECUTIVE SECRETARY OF THE COUNCIL FOR THE CONTROL OF FINANCIAL ACTIVITIES, exercising the authority conferred by item 5.02 (vii) of Internal Instruction No. 1, of 02/06/2014, in view of the provisions of art. 8, paragraph X of the Statute approved by Decree No. 2,799, of 08/10/1998, PUBLISHES:

Art. 1 This Circular Letter aims to detail the procedures for the registration of natural and legal persons subject to the regulation and supervision of the Council for the Control of Financial Activities – COAF, as provided in art. 10, paragraph IV of Law No. 9,613, of 3 March 1998.

Single paragraph. Natural and legal persons subject to COAF regulation and supervision are those referred to in art. 9 of Law No. 9,613, of 3 March 1998, for which there is no dedicated regulator or supervisory body.

Section I – Registration and Information

Art. 2 The persons referred to in Art. 1 must register with COAF through the COAF Information System – SISCOAF, at the address www.siscoaf.fazenda.gov.br.

Single paragraph. The registration referred to in the main clause shall consist of providing identification and contact data of the person, as well as data about the business it conducts, in the form set out in the Annex to this Circular Letter.

Art. 3 The legal persons referred to in Art. 1 must designate an administrator who will be responsible, together with COAF, for complying with the obligations set out in arts. 10 and 11 of Law No. 9,613, of 3 March 1998, and for whom the identification and contact data required of a natural person must be provided, in the form set out in the Annex to this Circular Letter.

Single paragraph. The administrator may appoint a person under his responsibility to operate SISCOAF, without delegating the above‑mentioned responsibility.

Section II – Deadline for Registration

Art. 4 For obligated persons established after the publication of this Circular Letter, or who start an activity subject to COAF regulation and supervision, a deadline of 90 (ninety) calendar days is established for registration, counted from:

I – the date of obtaining the registration number in the National Register of Legal Entities – CNPJ, for the legal person incorporated after the entry into force of this Circular Letter; or II – the start of the activity subject to COAF regulation and supervision, for the person who falls under this condition after the entry into force of this Circular Letter.

Single paragraph. Natural and legal persons who, on the effective date of this Circular Letter, are already registered with COAF must, within the deadline set in the main clause, confirm or update the data contained in the registration, complementing them with the other data required therein.

Section III – Updating the Registration

Art. 5 The persons referred to in Art. 1 must inform COAF of any modification to the data contained in the registration, so that it remains constantly updated.

§1 – Modifications to identification or contact data must be reported within a maximum period of 30 calendar days from their occurrence, and all data must be confirmed or modified annually, by 31 March.

§2 – Changes to the designation of the responsible administrator, as well as to his identification or contact data, must also be reported within a maximum period of 30 calendar days, in the manner defined in Art. 3.

Section IV – Deregistration

Art. 6 The persons referred to in Art. 1 must request deregistration from COAF upon termination of activities or upon cessation of the condition of being subject to COAF regulation and supervision, within a period of 90 (ninety) calendar days, counted from:

I – the date of cancellation of the registration in the National Register of Legal Entities – CNPJ, for the legal person; or II – the cessation of the activity subject to COAF regulation and supervision.

§1 – In the case of legal persons, the deregistration request must be made by the responsible administrator.

§2 – The deregistration request must be submitted through SISCOAF, accompanied by the justification.

Section V – Final Provisions

Art. 7 The persons referred to in Art. 1, as well as the administrators of legal persons who fail to comply with the obligation of art. 10, paragraph IV of Law No. 9,613, of 3 March 1998, are subject to the sanctions provided in art. 12 of that Law.

Art. 8 This Circular Letter enters into force on the date of its publication.

Brasília, 1 December 2014.

RICARDO LIÁO

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Annex

Data to be provided by natural and legal persons subject to COAF regulation and supervision for the registration addressed in this Circular Letter:

I – For natural persons:

a) Identification:

1. Full name; and
2. Registration number in the Individual Taxpayer Registry – CPF;

b) Contact:

1. Complete business address, including Postal Code – CEP;
2. Telephone number; and
3. Electronic correspondence address;

c) About the business:

1. Economic activity;
2. Start date of activities;
3. Approximate number of clients served in the previous calendar year;
4. Gross revenue of the previous calendar year, resulting from the exercise of the indicated economic activity;

II – For legal persons:

a) Identification:

1. Corporate name;
2. Trade name;
3. Registration number in the National Register of Legal Entities – CNPJ;

b) Contact:

1. Complete business address of the headquarters, including Postal Code – CEP;
2. Telephone number; and
3. Electronic correspondence address;

c) About the business:

1. Economic activity;
2. Start date of activities;
3. Number of branches on 31 December of the previous year;
4. Geographical distribution of the branches on 31 December of the previous year;
5. Number of employees, collaborators and similar on 31 December of the previous year;
6. Approximate number of clients served in the previous calendar year;
7. Gross revenue of the previous calendar year, resulting from the exercise of the indicated economic activity.